A/HRC/19/64
Legislation must also establish mechanisms of supervision, investigation and compliance,
always mindful of respect for human rights. Legislative provisions must be supported by
initiatives to combat impunity for commission of violence and provision for adequate
sanctions.
Legislation must also provide protection to victims and witnesses, including facilities for
complaints and their redress and legal and psychological support to aid recovery and
integration. Complaint mechanisms must be designed to be easily accessible by and
specially adapted for children and adolescents, and to be confidential, safe, user-friendly
and independent. Legal guarantees must be established to protect child victims and to
prevent any risk of manipulation or reprisals.
Parliamentarians must organize debates to supervise and encourage follow-up of any
legislative recommendations or reforms that may be necessary. They should also guarantee
allocation of adequate resources for effective implementation of legislation.
It is of concern that some forms of violence are not yet prohibited or properly regulated by
law, along with violence in certain settings, such as schools, family and community
settings, and institutions of confinement. This includes specifically penalties against ‗clientexploiters‘ of persons under 18 years of age who are sexually exploited. Regarding
prevention of institutional violence, it is important that guidelines include suitable
guarantees regarding supervision and complaints. Impunity must also be combated by the
State, subject to oversight by civil society.
In cases where children or adolescents commit unlawful acts, it is important that laws take
into consideration the standards upheld by international human rights law. In particular,
models of restorative and not merely punitive justice should be enacted, and the age limit
for criminal responsibility should be established with maximum respect for children's rights
as a whole. In all cases, regressive tendencies, including lowering the age of criminal
responsibility, must be resisted. It should be borne in mind that confinement must be a
measure of last resort, and for the shortest time possible. Particularly significant are
concerns about reports of violations of human rights and rights of children and adolescents
occurring in centres of confinement, where children/adolescents are under custody of the
State and may suffer forms of violence.
Institutionalization of a follow-up process and application of the Study’s
recommendations
Overcoming all forms of violence against children and adolescents requires a sustained
effort over time and the joint work of many varied actors. Thus it is clearly necessary to
institutionalize suitable and properly structured national and regional structures and
processes for follow-up and application of the recommendations of the Study to achieve
progress and ensure sustainable changes.
Designation of a high-level authority in each country with the mandate to coordinate
actions necessary for implementation and follow-up of the Study
Confronting the phenomenon of violence requires an integrated and holistic approach. Such
a multi-faceted and multi-causal issue linked to children's rights must be addressed from the
perspective of promotion, prevention, protection and response if we are to break the cycle
that reproduces violence, and not merely offer reactive responses. This type of intervention
requires two kinds of coordination: horizontal (between sectors, including health, education
and social affairs, gender, justice and home affairs, planning, economy and finance) and
vertical (between local and national authorities).Thus, coordination must be led by a toplevel actor with the capacity to manage coordination and a mandate to call on diverse
sectors and the various levels of government.
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